1.D APPROVE DESIGN PLAN FOR PLAYGROUND RENO AT MCFADDEN PARK & AGMT WITH PLAYCORE DBA GAMETIME — Placentia City Council, December 17, 2024

Agenda Item No: 1.d

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: December 17, 2024
Submitted by: Lydie Gutfeld
From: Community Services
Subject:

Approval of the Design Concept Plan for Playground Renovations at McFadden Park and Approval of Public Works Agreement with PlayCore D.B.A. Gametime for the purchase and Installation of the Playground Equipment, CIP Projects No. 7210 and 7504 Financial Impact:

Fiscal Impact:

Expense: $510,000.00 Total Cost
$497,999.05 Contract Amount
$ 12,000.95 Contract Contingency Amount
Available Budget:
$510,000.00 FY 2024-25 CIP Budget
$500,000.00 County of Orange SLFRF Funding
$ 10,000.00 Park & Rec Impact Fee (637504-6760)
Summary:

The Placentia Parks Initiative (PPI) is a citywide initiative which is aimed at establishing a significant capital investment into the City's parks and open space by improving and renovating aging park infrastructure and amenities over the course of the next five (5) fiscal years. At the May 18, 2021, meeting, the City Council approved the PPI as a tool to be utilized for prioritizing park and building improvement projects as funding becomes available. Included in the PPI was the renovation of the McFadden playground.

The project will include the complete removal of the existing playground structure. The new playground structure will feature a beach and lifeguard theme with new rubberized surfacing that will incorporate beach elements. Other additions will include an incorporated shade, a lighthouse tower, swings, retro surfboard sensory play apparatuses, and new slides.

The design concept plan has been reviewed by Staff and was presented to the Parks, Arts, and Recreation Commission (PARC) at the August 5, 2024, Commission meeting for their review. Funding for the project has been identified as $510,000 for the playground equipment from a combination of County of Orange Fourth District's State and Local Fiscal Recovery Funds (SLFRF) and Park and Rec Impact fees.

Due to the adjustment in funds from Measure U to ARPA funding, staff were required to complete a formal bid process in order to meet Federal ARPA guidelines. 57 Staff and the PARC Commission recommend the City Council approve the original concept design plan. The proposed action will approve the design plan of the McFadden Park playground renovation and addition of the project and will award a Public Works Agreement to PlayCore d.b.a. GameTime (GameTime), for the purchase and installation of the playground equipment in the amount of $497,999.05, satisfying CIP projects No. 7210 and No. 7504, as outlined in the PPI.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Provide Staff with input to incorporate into the design plan for the renovation of the McFadden Park Playground Renovation Project; and

2. Approve the design concept plan for the McFadden Park Playground Renovation Project; and

3. Approve the purchase of the McFadden Park playground equipment utilizing the budgeted CIP funding in Fiscal Year 2024-2025 for projects 7210 and 7504; and

4. Award a Public Works Agreement to PlayCore d.b.a. GameTime for the McFadden Park playground equipment renovation project in the amount of $497,999.05; and

5. Authorize the City Administrator to approve contract change orders up to a total of $12,000.95 or a not -to -exceed total contract amount of $510,000; and

6. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.

Strategic Plan Statement:

This item is consistent with the City Council approved 5 -Year Strategic Plan Goal to Implement Public Infrastructure to Meet Community Needs and complete the Placentia Parks Initiative, under Objective #5.2.

Discussion:

At the May 18, 2021, meeting, the City Council approved the Placentia Parks Initiative (PPI) as a tool to be utilized for prioritizing park and building improvement projects as funding becomes available. Included in the PPI was the renovation of the McFadden Park playground. The project will include the complete removal and replacement of the existing playground structure.

The playground design will complement the park's existing public pool by incorporating a water/beach theme. The new playground structure will feature a beach and lifeguard theme with new rubberized surfacing that will incorporate beach elements. Other additions will include incorporated shade, a lighthouse tower, swings, retro surfboard sensory play apparatuses, and new slides.

On October 15, 2024, the City Council requested Staff to seek alternative sources of grant funding for the construction of the McFadden Park playground equipment. On October 16, 2024, City Staff discussed the County of Orange and the City of Placentia's Beneficiary Agreement under the State and Local Fiscal Recovery Funds ("SLFRF") program, enacted as part of the American Rescue Plan Act ("ARPA") ("Agreement"). The Agreement entered on May 16, 2023, allocated $500,000 for costs associated with the development, construction and maintenance of a senior center. Since the proposed Senior/Community Center required additional discussions with the County and the ARPA funding amount must be obligated by the end of the calendar year of 2024, City Staff discussed the reallocation of this funding to the construction of the McFadden Park playground equipment. County Board of Supervisor Doug Chaffee and his office staff took this request into consideration. On November 5, 2024, during 58 the regular County Board of Supervisors meeting, this item was reviewed and unanimously approved as the first Amendment to the Beneficiary Agreement between the County of Orange and the City of Placentia for the use of $500,000 in Fourth District SLFRF funds for the development, construction and maintenance of a playground at McFadden Park.

As a result, funding for the project has been identified as $510,000 for the playground equipment from a combination of County of Orange Fourth District's State and Local Fiscal Recovery Funds (SLFRF) and Park and Rec Impact fees.

On November 18, 2024, Staff released a formal bid proposal request on PlanetBids with a ten (10) business day turnaround. The bids were reviewed on Tuesday, December 3, 2024, at 2:00 p.m. At the time of review, there were six (6) proposals submitted:

Bidder
R.E. Schultz Construction, Inc.

Pacific Play Systems, Inc.

Wyatt W. Underwood & Associates
Playcore Wisconsin, Inc. (GameTime)
Micon Construction, Inc.

Western State Builders, Inc.
$438,000.00
$470,822.05
$487,830.89
$497,999.05
$507,997.00
$509,000.00
Proposal Amount
While it is apparent that there is a large difference in costs for the six submitted proposals, Staff reviewed and considered play value, creative use of space, themed apparatus and also use of shade, as outdoor playgrounds with surfacing can get hot during warm months. Per the language in section I. Bid Submittal Instructions under K. Award it states, "The City reserves the right to award the Contract to other than the lowest Bidder, to reject any or all bids, to cause re -soliciting of the bids, or to take such other course of action as the City deems appropriate at the City's sole and absolute discretion." The design concept plan provided by PlayCore d.b.a. GameTime (GameTime), aligns with the City Council approved Placentia Park Initiative (PPI), to enhance play experiences throughout the City's parks system, by creating unique "themed" playgrounds that are all different. The Parks, Arts, and Recreation (PARC) Commission reviewed the design concept plans for the renovation of the McFadden Park playground at the August 5, 2024 meeting. The PARC Commission recommends approval of the proposed design concept plans provided by GameTime (Attachment 1). Per the Commission's recommendation, the provided concept plan provides for a creative design, that also incorporates early childhood play and meets the City's proposed project budget. Additionally, the fun and colorful beach theme adds a playful element to the park that is consistent with the existing public pool currently at the site.

Staff recommends awarding the contract to Playcore Wisconsin, Inc. (GameTime) in the amount of $497,999.05 with a contingency of $12,000.95. This contract will be funded utilizing the County of Orange Fourth District's State and Local Fiscal Recovery Funds (SLFRF) in the amount of $500,000 and Park and Rec Impact fees in the amount of $10,000.

Fiscal Impact Summary:

The total cost for the playground renovation project amounts to $510,000. This cost consists of the proposal submitted by GameTime in the amount of $497,999.05 and an additional $12,000.95 in contingency funds for change orders related to unforeseen conditions 59 encountered during construction. Funding for the project has been identified as utilizing County of Orange Fourth District's State and Local Fiscal Recovery Funds (SLFRF) in the amount of $500,000 and Park and Rec Impact fees in the amount of $10,000. Therefore, sufficient funding exists for this item.

Attachments
Attachment 1 Notice Inviting Bids - McFadden Park - CS-24-04.pdf Attachment 2 McFadden Park Agreement.pdf
Attachment 2a Proposal 111924-01 McFadden Park Playground Opt 5A.pdf Attachment 2b Insurance Documents.pdf
Attachment 3 County Beneficiary Agreement for Senior Center.pdf Attachment 4 County Board of Supervisors - Amendment 1 - City of Placentia Discretionary D4 Beneficiary Agreement.pdf
60 PLACE NTIA

ALL AMERICA CITY

CITY OF PLACENTIA

NOTICE INVITING BIDS
FOR

PLAYGROUND EQUIPMENT DESIGN,

PURCHASE, AND INSTALLATION AT MCFADDEN PARK
Bid No. CS -24-04
Key Bid Dates
Issue Date: November 18, 2024
Questions Due: November 21, 2024 by 2:00 P.M.

Submittals Due: December 4, 2024, by 2:00 P.M.

Bid Contact Person:

Madelinne Villapando
Acting Deputy Director of Community Services
[email protected]
City of Placentia
Bid No. CS -24-04 Page 1 of 39
61 Table of Contents
I. Bid Submittal Instructions
II. Scope of Work
A. General Description
B. Specifications
III. American Rescue Plan Act (ARPA) Requirements
IV. American Rescue Plan Act (ARPA) Funding
V. Bidder's Proposal Form
VI. General Provisions
VII. Certification Regarding Lobbying Form
VIII. Certification Definitions
IX. Certification Form
ATTACHMENT A — BIDDER'S STATEMENT AND COMPANY INFORMATION ATTACHMENT B — SAMPLE CONTRACT AGREEMENT
ATTACHMENT C — SUBCONTRACTOR DESIGNATION FORM
City of Placentia
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Bid No. CS -24-04 Page 2 of 39
62 NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Placentia, as AGENCY invites sealed bids for the below stated project and will receive sealed bids for the materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in this Bid Package.

PLAYGROUND EQUIPMENT DESIGN, PURCHASE, AND INSTALLATION AT

MCFADDEN PARK
I. BID SUBMITTAL INSTRUCTIONS
A. QUESTIONS: Any questions concerning this bid request must be submitted in writing through the City of Placentia's (City) electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by no later than the date and time specified on the cover page of this Notice Inviting Bids. No verbal requests or requests made in any other format will be accepted. Questions must be submitted individually and not in a paragraph format nor combined in a single submission. All posted questions will be answered VIA posting on PlanetBids under the "Q&A or via in writing and conveyed by posting an addenda under the "Addenda/Emails" tab.

B. COMMUNICATION: No employee or agent of the City shall discuss or otherwise communicate with any vendor specific information related to a competitive bid process prior to bid closing, except as described above in the instructions for submitting questions to the City. This process allows staff to respond to all questions through a formal addendum process, whereby all potential bidders receive the same information at the same time. However, general process questions regarding an open bid may be directed to the Purchasing contact listed on the cover page of this Notice Inviting Bids at any time. BID UPDATES: All notifications, updates, and addenda will be posted on the City's bid management and publications system at:
https://pbsystem.Dlanetbids.com/Dortal/54600/portal-home .

C. BID UPDATES: All notifications, updates, and addenda will be posted on the City's bid management and publications system at
https://pbsystem.planetbids.com/portal/54600/portal-home .

D. BID BONDS When deemed necessary by the City, Bid Bonds shall be furnished by all bidders in the amount of at least 10% of the bid, to guarantee that bidders will enter into contract to furnish goods at prices stated.

The following Bonds are required:

ARPA Performance Bond:

The requested services under this Notice Inviting Bids will exceed the Simplified Acquisition Threshold as established by the Federal awarding agency, and so pursuant to 2 CFR §200.326, the following bonding requirements will be required for any proposal submitted:

City of Placentia Bid No. CS -24-04 Page 3 of 39
63 For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non -Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price.

The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

Bidders shall submit Performance Bond or Certified Check in a sealed envelope to the address shown below:

City of Placentia
Attn: Madelinne Villapando
401 East Chapman Avenue
Placentia, CA 92870
Documents shall be clearly labeled in a sealed envelope or box as follows:

Bid No. CS -24-04 - PLAYGROUND EQUIPMENT DESIGN, PURCHASE, AND

INSTALLATION AT MCFADDEN PARK
Bid Bond or Certified Check must be received no later than 3 business days after the bid due date.

Note: The Certified Check received from bidders in lieu of a bid bond shall be returned upon the City's awarding of a contract.

All deposits will be held until a Contract has been executed with the successful Bidder or all bids have been rejected.

E. CONTRACTOR REQUIREMENTS:

City of Placentia
Bid No. CS -24-04 Page 4 of 39
64 In accordance with provisions of Section 3300 of the California Public Contract Code, the AGENCY has determined that the Contractor shall possess a valid California Contractor's License A - General Engineering Contractor. Failure to possess such license may render the bid non-responsive and bar the award of the contract to that non-responsive Bidder. The successful Contractor and his/her subcontractors will be required to possess business licenses from the AGENCY.

F. REFERENCES: Contractor shall provide three (3) references, for which Contractor has performed similar services under contracts awarded by a similar public agency, which demonstrate Bidder's ability to provide the supplies, equipment, or services required by this Notice Inviting Bids. References should be included with the Bidder's Statement and Company Information Form (ATTACHMENT A).

City may disqualify a Bidder if:
a. References fail to substantiate Bidder's description of services and deliverables provided; or
b. References fail to support that Bidder has a continuing pattern of providing capable, productive, and skilled personnel, or
c. City is unable to reach the point of contact with reasonable effort. It is the Bidder's responsibility to inform the point of contact(s) of normal City working hours.

G. ALTERNATIVES: All bids with material substitutions or deviations from the specified items will be rejected as non-responsive. Bidders must submit a request for pre - approval of any equivalent, equal, alternative, or changes by following the directions for questions described above, prior to the deadline to submit questions. The City has the option of accepting or rejecting any proposed alternative and any bid that includes alternatives. Brand names, if any, are given for quality control only. Bids on "equals" are encouraged, however, the bidder must give evidence of equal utility and quality by providing specification sheets and description of products proposed as alternatives for each line item, and a description of the request on company letterhead.

H. PRICING REQUIREMENTS: Bidders must supply all bid items and provide unit prices for all items listed in this Notice Inviting Bids, including any shipping/handling fees. Bid proposals that do not include all items listed may be deemed non- responsive.
d. Prices shall be FOB Destination Placentia
e. Prices must not include sales tax.
f. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, and fuel.
g. Charges such as FUEL SURCHARGE, DELIVERY FEE, or any other miscellaneous charges must be noted.

City of Placentia
Bid No. CS -24-04 Page 5 of 39
65 I. TAX: Do not include sales tax in your unit prices. Bidder shall show as a separate item California State Sales and/or Use Tax percentage. However, sales tax will not be included in during the evaluation of bids.

J. SITE INSPECTIONS: When appropriate, Bidders are encouraged to examine the locations, physical conditions, and surroundings of the proposed work sites on their own to determine the extent to which these factors will influence or affect performance of work. Failure to inspect sites shall not relieve the Contractor from fulfilling the obligations of the Contract. The City shall assume that bidders have investigated and are satisfied with the expected conditions, quality of the work to be performed, and the requirements of these specifications.

K. AWARD: The following criteria will be included in the evaluation process for selection of the award recipients(s):
a. Ability to meet specifications;
b. Proposed price;
c. Delivery lead time;
d. Past record of performance in providing similar services; including such factors as timely response and cooperation
The City reserves the right to award the Contract to other than the lowest Bidder, to reject any or all bids, to cause re -soliciting of the bids, or to take such other course of action as the City deems appropriate at the City's sole and absolute discretion.

The City shall endeavor to award contract to the lowest, responsive, responsible Bidder.

L. BID SUBMISSION: No bid will be considered for award unless properly and successfully submitted through the electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Notice Inviting Bids . All bids must be signed by an authorized representative.

All required sections, including pricing, shall be submitted via the website. Bidder is solely responsible for "on time" submission of their electronic bid. The bid management system will not accept late bids and no exceptions shall be made.

Bidders will receive an e -bid confirmation number with a time stamp from the bid management system indicating their bid was submitted successfully. The City will only receive those bids that were transmitted successfully. DO NOT FAX OR E- MAIL.

NOTE: E -Bids are sealed and cannot be viewed by the City or any other person or entity until the closing date and time. If you need to withdraw your bid, you may do so at any time before the bid deadline, by going back into the system and selecting "withdraw".

City of Placentia
Bid No. CS -24-04 Page 6 of 39
66 M. BID WITHDRAWAL: Bids may be withdrawn by submitting a written request any time prior to the scheduled closing time for receipt of proposal. No proposal may be withdrawn for a period of ninety (90) days thereafter.

N. REJECTION: The City reserves the right to reject any or all bids and to waive any minor informality in any bid and to take all bids under advisement for a maximum period of ninety (90) days. The City and Contractor are bound by the procedures set forth in the Placentia City Charter for Public Works Construction contracts and applicable law.

O. PERIOD OF ACCEPTANCE: Unless otherwise stated, bids shall be subject to acceptance by the City for a period of ninety (90) calendar days following the opening of bids.

P. SAMPLES: When required, bidder shall furnish samples of items free of expense to the City, and if not destroyed by test may, upon request made at the time the sample is furnished, be returned at the bidder's expense.

Q. PROHIBITED INTEREST: Bidder agrees it shall disclose to the City in writing any financial interest, direct or indirect, in Bidder's business or in this transaction held by any City Council member or any City officer or employee. City reserves the right to refuse any bid if City determines a conflict of interest exists. A conflict of interest may be determined to exist in any instance where the City officer or employee participates in or influences any decision-making process affecting a bid or contract in any way whatsoever.

R. LOCAL VENDOR PREFERENCE: For bid evaluation purposes qualified bidders may receive a 5% preference for businesses located within the City of Placentia, is given respectively on all qualifying bids for materials, supplies, labor, equipment or services, pursuant to the Local Business Preference Program under Chapter 3.95 of the Placentia Municipal Code.

S. FILING A PROTEST: Bidders may file a protest to an IFB with the City. In order for a Bidder's protest to be considered valid, the protest must:
• Be filed in writing within five (5) business days after the bid issue date for protests related to specifications or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website; • Clearly identify the specific irregularity or accusation; • Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid.

If the protest is valid, the City shall review the basis of the protest and all relevant information. The City will provide a written decision to the protestor within ten (10) City of Placentia
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67 business days from the receipt of the protest. The decision from the Purchasing Manager, or his/her designee, is final and no further appeals will be considered.

II. SCOPE OF WORK
A. General Description

1. The City of Placentia is seeking a qualified Vendor to provide an equipment proposal and installation services for a playground at McFadden Park located at 900 S. Melrose Street, Placentia, CA 92870. The Vendor will be required to provide the best quality and quantity of services within the allotted budget for this project.

2. The Submitting Vendor will ideally possess experience in design and installation, and must be able to demonstrate a very high customer satisfaction level from past projects.

3. The selected Vendor(s) will be required to coordinate the final design and selection of playground equipment with the Community Services Department to ensure a coordinated and cohesive finished project that benefits the community. The selected Vendor(s) will be required to coordinate the installation of the selected playground equipment with the City.

4. Federal funds will be used as part of this project and will require compliance with federal provisions.

5. Vendors are invited to submit Proposals with playground equipment designs identified in this Notice Inviting Bids.

B. Specifications
Selected Vendor will be responsible for the design, provision, surfacing, and installation of play equipment at the McFadden Park site. The maximum budget for this project is $510,000. A maximum of two proposals/designs for the McFadden Park Playground may be submitted per proposal.

Location: McFadden Park, 900 S. Melrose St., Placentia, CA 92870 Budget: Maximum expenditure for all costs related to the proposal is $510,000
Playground Theme: Nautical Beach Theme
Playground Footprint: TBD — Design should emphasize elements of height The City is looking for a qualified vendor who can construct an inviting and attractive playground project to be completed per the following:

City of Placentia
Bid No. CS -24-04 Page 8 of 39
68 1. Obtaining applicable permitting

2. Design and installation of multiage playground

3. Provide pedestrian links to walkways around the play space

4. Manage all installation of equipment and surfacing

5. Any other work to provide a turnkey project while staying within budget Desired Equipment:
• Play structure and amenities for ages 2-5, including multiple slides • Play structure and amenities for ages 5-12, including multiple slides • Climbing tower
• Poured -in-place playground surfacing with concrete edging • Wheelchair accessibility, play for all abilities
• Play structures and amenities must be age appropriate with proper signage • Incorporation of height into design
• Equipment and structures should adhere to a Nautical/Beach theme • All products shall bear the certificate seal of IPEMA and shall meet or exceed ADA Accessibility Guidelines for Play Areas
• All equipment shall conform to current playground -related ASTM and CPSC technical standards including, but not limited to:
o ASTM F1487 (Playground Equipment)
o ASTM F1292 & ASTM F3313 (Impact Attenuation of Playground Surfaces)
o CPSC Publication 325: Public Playground Safety Handbook • Vendor and their contractor(s) must be prepared to comply with all state, federal and local requirements for play structure equipment. Vendors are responsible for verifying site conditions. No allowances will be made if a Vendor fails to adequately examine a location before submitting a Proposal.

All equipment shall be installed by a factory trained, insured, and certified installer. Following installation, a full and thorough audit of all newly installed play equipment will be performed by a Certified Playground Safety Inspector (CPSI). Vendor(s) will be required to address and resolve any identified deficiencies within seven (7) days of notification of the deficiencies by the City.

III. American Rescue Plan Act (ARPA) Requirements:

This project will utilize Federal ARPA funds in portions of the services being requested under this Notice Inviting Bids, therefore the applicant is responsible for understanding all of the ARPA regulations. The City has provided Attachment D as a guide to specific ARPA regulations that may or may not apply to this particular project. It is the responsibility of the vendor to understand the ARPA regulations.

City of Placentia Bid No. CS -24-04 Page 9 of 39
69 ARPA Performance Bond:

For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non -Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
(a)A bid guarantee from each bidder equivalent to five percent of the bid price.

The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b)A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract.
(c)A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

Suspension and Debarment:

Pursuant to Federal Uniform Guidance and ARPA regulations, by submitting a proposal, the applicant must complete and sign the attached "Debarred Firms Certification Form" to submit with the proposal. More information about the suspension and debarment conditions can be found in Appendix A related to ARPA funding.

Anti-Lobbvinq Certification:

Pursuant to Federal Uniform Guidance regulations, by submitting a proposal, the applicant must sign the attached "Anti -Byrd Lobbying Certification" confirming that no funding from this proposal will be utilized to lobby Federal officials, members of Congress, or other elected officials.

Unique Entity Identifier
Pursuant to Federal Uniform Guidance regulations, in order to be considered for a contract award, the responding entity must obtain a Unique Entity Identifier (UEI) City of Placentia Bid No. CS -24-04 Page 10 of 39
70 by creating and maintaining a registration on the SAM.gov Federal website. It is the responsibility of the entity awarded the contract to maintain their UEI and SAM.gov registration. No entity will be awarded a contract utilizing Federal dollars without satisfying this provision.

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71 IV. City of Placentia - American Rescue Plan Act (ARPA) Funding Notice: The contract, purchase order, request for proposal or bid to which this addendum is attached is made using federal assistance provided to the City of Placentia by the US Department of Treasury under the American Rescue Plan Act ("ARPA Funds"), Sections 602(b) and 603(b) of the Social Security Act, Pub. L. No. 117-2 (March 11, 2021). In using such funds, the City must comply with the terms of ARPA, regulations issued by the U.S. Department of the Treasury ("Treasury") governing the expenditure of monies distributed from the ARPA Funds (including, without limitation, the Interim Final Rule (86 Fed. Reg. 26,786 (May 17, 2021) and Final Rule (87 Fed. Reg. 4,338 (Jan. 27, 2022)), the Award Terms and Conditions applicable to the Fiscal Recovery Funds, and such other guidance as Treasury has issued or may issue governing the expenditure of monies distributed from the Fiscal Recovery Funds (collectively, the "Regulatory Requirements"). Additionally, pursuant to the Regulatory Requirements, the City must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200 other than such provisions as Treasury has determined or may determine are inapplicable to the ARPA Funds and pursuant to 2 C.F.R. §200.327 the City must include within any contract applicable provisions described in Appendix II to 2 C.F.R. Part 200, each of which is contained in this Addendum.

The following terms and conditions apply to the contractor or vendor, as a contractor of the City of Placentia, by ARPA and its implementing regulations; and as established by the Treasury Department.

A. Equal Employment Opportunity. If this contract is a Federally Assisted Construction Contract (as defined in 41 C.F.R. §60-1.3) exceeding $10,000, during the performance of this contract, contractor agrees as follows:

1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender City of Placentia Bid No. CS -24-04 Page 12 of 39
72 identity, or national origin.

3. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor's legal duty to furnish information.

4. Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. Contractor will furnish to the Administering Agency (as specified in 41 C.F.R. §60-

1.3) and the Secretary of Labor all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Administering Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and contractor may be declared ineligible for further government contracts or Federally Assisted Construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. Contractor will include the portion of the sentence immediately preceding paragraph

1. of this section and the provisions of paragraphs A.1. through A.7. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor City of Placentia Bid No. CS -24-04 Page 13 of 39
73 or vendor. Contractor will take such action with respect to any subcontract or purchase order as the Administering Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Administering Agency, contractor may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided, that if the City so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the Contract.

9. The City agrees that it will assist and cooperate actively with the Administering Agency and the Secretary of Labor in obtaining the compliance of contractor and any subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the Administering Agency and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Administering Agency in the discharge of the agency's primary responsibility for securing compliance.

10. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally Assisted Construction Contracts pursuant to the Executive Order and that it will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractor and any subcontractors by the Administering Agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the Administering Agency may take any or all of the following actions: cancel, terminate, or suspend, in whole or in part, this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

B. Copeland "Anti -Kickback" Act. Contractor and any subcontractors performing work under the contract shall comply with 18 U.S.C. §874. The City shall report all suspected or reported violations to Treasury.

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74 C. Suspension and Debarment

1. This contract is a covered transaction for purposes of 2 CFR §180.210 and 31 CFR §19.2103000. Therefore, this Contract is a lower -tier covered transaction for purposes of 2 C.F.R. Part 180 and 31 C.F.R. Part 19 if (1) the amount of this Contract is greater than or equal to $25,000 (2 C.F.R. § 180.220(b)(1); 31 C.F.R. § 19.220(b)(1)); (2) the Contract requires the consent of an official of the Department of the Treasury (2 C.F.R. § 180.220(b)(2); 31 C.F.R. § 19.220(b)(2)); or (3) this Contract is for federally required audit services (2 C.F.R. § 180.220(b)(3); 31 C.F.R. § 19.220(b)(3)).

2. As such, the contractor is required to verify that contractor's principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) of both contractor and contractor's principals are not excluded (defined at 2 CFR § 180.935) and are not disqualified (defined at 2 CFR § 180.935) from receiving federal funding. If any of the foregoing persons are excluded or disqualified and the Secretary of the Treasury has not granted an exception pursuant to 31 C.F.R. § 19.120(a) (a) this contract shall be void; (b) City shall not make any payments of federal financial assistance to contractor; and (c) City shall have no obligations to contractor under this contract. • The contractor must comply with 2 CFR pt. 180, subpart C and 31 CFR pt. 19, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the City and all liability arising from an erroneous representation shall be borne solely by the contractor.
• If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 31 CFR pt. 19, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

D. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352, as amended

1. Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. §1352. Contractor shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the recipient who in turn will forward the certification(s) to the awarding agency. This certification is a material representation of fact upon which City has relied when entering into this contract, and all liability arising from an erroneous representation shall be borne solely by contractor.

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75 1. Purchases over $100,000 - Contractors must sign the certification on the last page of this addendum and shall cause any subcontractors with a subcontract (at any tier) exceeding $100,000 to file with the tier above it the same certification.

E. Access to Records.

1. Contractor agrees to provide the City of Placentia, the U.S. Department of Treasury, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, investigations and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests. No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

2. Contractor agrees to retain all records covered by this section through December 31, 2031, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving the contract.

F. Rights to Inventions Made Under a Contract or Agreement.

1. The Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for "Government purposes," any subject data or copyright described below. "Government purposes" means use only for the direct purposes of the Government. Without the copyright owner's consent, the Government may not extend its federal license to any other party. (a) Any subject data developed under the contract, whether or not a copyright has been obtained, and
(b) Any rights of copyright purchased by contractor using federal assistance funded in whole or in part by the Department of the Treasury.

Unless Treasury determines otherwise, a contractor performing experimental, developmental, or research work required as part of this contract agrees to permit Treasury to make available to the public either (a) Treasury's license in the copyright to any subject data developed in the course of the Contract or (b) a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work which is the subject of this contract is not completed for any reason whatsoever, all data developed under the contract shall become subject data as defined herein and shall be delivered as the Government may direct.

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76 2. Unless prohibited by California law, upon request by the Government, contractor agrees to indemnify, save, and hold harmless the Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by contractor of proprietary rights, copyrights, or right of privacy arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the contract. Contractor shall be required to indemnify the Government for any such liability arising out of the wrongful act of any employee, official, or agent of the contractor.

3. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent.

4. Data developed by contractor and financed entirely without using federal assistance provided by the Government that has been incorporated into work required by the underlying contract is exempt from the requirements herein, provided that contractor identifies that data in writing at the time of delivery of the contract work. Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with federal assistance.

5. For the purposes of this section "subject data" means "recorded information, whether or not copyrighted, that is delivered or specified to be delivered as required by the contract." Examples of "subject data" include, but are not limited to, "computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses or other similar information used for performance or administration of the contract." G. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used.) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. §3702 and §3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under §3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. §3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or City of Placentia Bid No. CS -24-04 Page 17 of 39
77 materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

H.Clean Air Act & Federal Water Pollution Control Act (applies to purchases of more than $150,000).

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq.

3. The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Placentia and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

4. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

I. Prohibition on Contracting for Covered Telecommunications Equipment or Services.

1. Definitions. Unless otherwise defined in this contract, capitalized terms used in this section shall have the meanings ascribed thereto in this section. (a) `Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). (b) "Covered Foreign Country" means the People's Republic of China. (c) "Covered Telecommunications Equipment or Services" means (i) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (ii) for the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (iii) telecommunications or video surveillance services provided by such entities or using such equipment; City of Placentia Bid No. CS -24-04 Page 18 of 39
78 or (iv) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a Covered Foreign Country. (d) "Critical Technology" means (i) defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (ii) items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations and controlled (a) pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology, or (b) for reasons relating to regional stability or surreptitious listening; (iii) specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (iv) nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (v) select agents and toxins covered by part 331 of title 7, Code of Federal Regulations; part 121 of title 9 of such Code; or part 73 of title 42 of such Code; or (vi) emerging and foundational technologies controlled pursuant to §1758 of the Export Control Reform Act of 2018 (50 U.S.C. §4817). (e) "Interconnection Arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
(f) "Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. (g) "Substantial or Essential Component" means any component necessary for the proper function or performance of a piece of equipment, system, or service. (h) "Telecommunications Equipment or Services" means telecommunications or video surveillance equipment or services, such as, but not limited to, mobile phones, land lines, internet, video surveillance, and cloud services.

2. Prohibitions.

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79 (a) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after August 13, 2020, from obtaining or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (b) Unless an exception in applies, contractor and any subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds (including, without limitation, Fiscal Recovery Funds) received from a federal government to:
i. Procure or obtain any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a Substantial or Essential Component of any system or as Critical Technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a Substantial or Essential Component of any system or as Critical Technology of any system;
iii. Enter into, extend, or renew contracts with entities that use Covered Telecommunications Equipment or Services as a Substantial or Essential Component of any system or as Critical Technology as part of any system; or iv. Provide, as part of its performance of this contract, any subcontract; any other contractual instrument; or any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a Substantial or Essential Component of any system or as Critical Technology as part of any system.

3. Exceptions.
(a). This clause does not prohibit contractor or subcontractors from providing:
i. A service that connects to the facilities of a third party, such as Backhaul, Roaming, or Interconnection Agreements, or
ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(b). By necessary implication and regulation, the prohibitions also do not apply to:
i. Covered telecommunications equipment that:
(a) Is not used as a Substantial or Essential Component of any system and
City of Placentia Bid No. CS -24-04 Page 20 of 39
80 (b) Is not used as Critical Technology of any system. ii. Other telecommunications equipment or services that are not considered Covered Telecommunications Equipment or Services.

4. Reporting Requirement.
(a). In the event contractor identifies, during contract performance, covered Telecommunications Equipment or Services used as a Substantial or Essential Component of any system or as Critical Technology as part of any system, or if contractor is notified of such by a subcontractor at any tier or by any other source, contractor shall report the information in paragraph 4(b) of this section to City, unless procedures for reporting the information are established elsewhere in this contract.
(b). Contractor shall report the following information to City pursuant to paragraph 4(a) of this section:
i. Within one business day from the date of such identification or notification: contract number; order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
ii. Within ten business days of submitting the information in paragraph 4(b)(i) of this section, any further available information about mitigation actions undertaken or recommended. In addition, contractor shall describe (1) the efforts it undertook to prevent use or submission of Covered Telecommunications Equipment or Services and (2) any additional efforts that will be incorporated to prevent future use or submission of Covered Telecommunications Equipment or Services.

5. Subcontractor. Contractor shall cause to be inserted into all subcontracts and other contractual instruments relating to the performance of this contract the substance of this Section I, including this paragraph 5.

J. Buy USA - Domestic preference for certain procurements using federal funds.

Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all sub - awards including all contracts and purchase orders for work or products under this award.

For purposes of this section:

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81 (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coating, occurred in the United States. This includes structural steel or iron, steel or iron beams and columns, [and] running rail and contact rail.
(2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; class, including optical fiber; and lumber. A "Manufactured Product" is considered "produced in the United States" only if (1) "[a]11 of the manufacturing processes for the product take place in the United States; and (2) [a]11 of the components of the product [are] of U.S. origin." K. Procurement of Recovered Materials.

1. This section shall apply if (1) this contract involves the purchase of an item designated by the Environmental Protection Agency ("EPA") in 40 C.F.R. Part 247 that exceeds $10,000 or (2) the total value of such designated items acquired during the City's preceding fiscal year exceeded $10,000.

2. In the performance of this contract, the contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired:
a. Competitively within a timeframe providing for compliance with the contract performance schedule;
b. Meet contract performance requirements; or
c. Be acquired at a reasonable price.

3. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines website. The contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

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82 L. Minority and Women Business Enterprises.

Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when applicable. Accordingly, the contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:

1. Including qualified women's business enterprises and small and minority businesses on solicitation lists;

2. Assuring that women's enterprises and small and minority businesses are solicited whenever they are potential sources;

3. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women's business enterprises;

4. Where the requirement permits, establishing delivery schedules which will encourage participation by women's business enterprises and small and minority business; and

5. Using the services and assistance of the Small Business Administration and the U.S. Office of Minority Business Development Agency of the Department of Commerce.

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

M. Assurances of Compliance with Title VI of the Civil Rights Act of 1964.

Contractor and any subcontractor, or the successor, transferee, or assignee of contractor or any subcontractor, shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or City of Placentia Bid No. CS -24-04 Page 23 of 39
83 activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §§ 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract. Title VI also provides protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. §§ 2000d et seq., as implemented by Treasury's Title VI regulations, 31 C.F.R. Part 22, and herein incorporated by reference and made a part of this contract.

N. Publications.

Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury."
O.Increasing Seat Belt Use in the United States.

Pursuant to Executive Order 13043, 62 Fed. Reg.19216 (Apr. 18, 1997), contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

P. Reducing Text Messaging While Driving.

Pursuant to Executive Order 13513, 74 Fed. Reg. 51225 (Oct. 6, 2009), contractor is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers.

Q. Conflicts and Interpretation.

To the extent that any portion of this Addendum conflicts with any term or condition of this contract expressed outside of this Addendum, the terms of this Addendum shall govern.

R. Other Non -Discrimination Statutes.

Contractor acknowledges that City is bound by and agrees, to the extent applicable to contractor, to abide by the provisions contained in the federal statutes enumerated below and any other federal statutes and regulations that may be applicable to the expenditure of Fiscal Recovery Funds: The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et City of Placentia Bid No. CS -24-04 Page 24 of 39
84 seq.), which prohibits discrimination on the basis of disability in programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

City of Placentia
Bid No. CS -24-04 Page 25 of 39
85 V. BIDDER'S PROPOSAL FORM

PLAYGROUND EQUIPMENT DESIGN, PURCHASE, AND INSTALLATION

AT MCFADDEN PARK

PROJECT BID SCHEDULE
The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the gloves, in accordance with City needs and/or fund availability and the specifications provided herein.

Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer.

BID
ITEM
1 2.

3. ITEM DESCRIPTION
Total

QUANTITY

UNIT OF

MEASURE
UNIT
PRICE
TOTAL
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents.
***BID ITEMS TO BE INPUTED ON-LINE IN PLANETBIDS***
City of Placentia
Bid No. CS -24-04 Page 26 of 39
86 VI. GENERAL PROVISIONS
A. ASSIGNMENT: Vendor may not assign, transfer, delegate, or subcontract any right, obligation, performance herein without the prior written consent of the City's Project Manager and any such assignment, transfer, delegation, or subcontract without the Project Manager's prior written consent shall be considered null and void.

B. BID EXPENSES: The City shall not be liable for any expenses incurred by potential vendor(s) in the preparation or submission of their bids. Pre -contractual expenses are not to be included in the vendor's Pricing Sheet. Pre -contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

1. Preparing its bid in response to this Notice Inviting bid;

2. Submitting that bid to the City;

3. Negotiating with the City any matter related to the bid; and,

4. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

C. BUSINESS LICENSE: The City requires any person, including but not limited to, an individual, corporation, or sole proprietor who wishes to conduct any business within the City of Placentia must secure a City of Placentia business license upon award of the resulting contract. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Placentia business license is available on the City's website:
https://www.placentia.orq/412/Business-Licenses .

D. COMPLIANCE WITH LAWS: Vendor shall, at its sole expense, comply with all applicable technical bulletins, trade, federal, state, and local laws, ordinances, rules and regulations, including, but not limited to laws applicable to the subject matter hereof at the time services are provided to and accepted by the City. Vendor shall comply with all applicable federal, state, and local safety requirements.

E. DEFAULT: In case of default by the Vendor of any of the conditions of this bid or contract resulting from this bid, the Vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the Vendor, or collect against the bond or surety, or may invoice the Vendor for excess costs so paid plus reasonable administrative costs. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made.

F. DELIVERY: Time of delivery of goods or services is of the essence. City reserves the right to refuse any goods or Services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to specifications included herein. Acceptance of any part of the order for goods shall not bind City to accept future shipments nor deprive it of the right to return goods already accepted at the Vendor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by City. No minimum delivery amount shall be accepted by City.

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87 All goods shall be shipped F.O.B. destination designated by the City. Vendor assumes full responsibility for packing, crating, marking, transportation, and liability for loss and/or damage. All transportation charges to be prepaid by Vendor.

G. FORCE MAJEURE: If execution of this contract shall be delayed or suspended, and if such failure arises out of causes beyond the control of and without fault or negligence of the bidder, the bidder shall notify the City in writing within twenty-four (24) hours of such delay.

H. GENERAL GUARANTEE: The Vendor guarantees that a) Vendor owns all rights, title and interest in the products and services and has the legal authority to sell, license or otherwise transfer the right to use to the City; b) the products and services are free from defects in material and workmanship for a minimum period of one (1) year from the date of acceptance by the City, unless otherwise stated as part of the bid; and c) Vendor shall repair or replace all such defective goods F.O.B. destination.

I. INDEMNIFICATION: The Vendor guarantees and agrees to indemnify, defend and hold harmless the City against any or all loss, liability damages, demands, claims or costs alleged by third parties arising out of Vendor's performance. This includes defective material and products, faulty work performance, negligent or unlawful acts, and noncompliance with any applicable local, state or federal codes, ordinances, orders or statutes including, but not limited to, the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. This guarantee is in addition to and not intended as a limitation on any other warranty, expressed or implied.

J. INDEPENDENT CONTRACTOR: The Agreement between the City and Vendor is not intended and shall not be construed to create the relationship of principal agent, servant, employee, partnership, joint venture, or other association, as between the City and Vendor. The Vendor understands and agrees that all persons furnishing services to the City pursuant to the Contract are, for purposes of worker's compensation, employees solely of Vendor and not of the City. The Vendor shall bear the sole liability for furnishing worker's compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder.

K. INSPECTION: City shall be under no obligation to unpack or inspect the products and/or service. The Vendor shall be responsible for the consequences of negligent manufacture and packing, and for the consequences of negligent handling prior to point where City assumes ownership. The expense of subsequent tests due to failure of goods first offered will be charged against the Vendor.

L. INSURANCE: Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:

Commercial General Liability Insurance
City of Placentia
Bid No. CS -24-04 Page 28 of 39
88 Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not Tess than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.

Business Automobile Liability Insurance
Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.

Worker's Compensation Insurance
In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Contract, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident.

Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance City of Placentia Bid No. CS -24-04 Page 29 of 39
89 maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

The following requirements apply to the insurance to be provided by Contractor pursuant to this section:
• Contractor shall maintain all insurance required above in full force and effect for the entire term of contract
• Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City
• Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City
• Contractor shall supply City with fully executed additional insured endorsements.

M. PUBLIC AGENCIES: Public agencies, as defined by California Government Code section 6500, may choose to use the terms of this Contract or "piggyback", subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

N. SUBCONTRACTING: No performance of this contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this contract without said consent shall be null and void and shall constitute a default under this contract.

In the event of such a default, the City may immediately terminate this contract. In the event the City consents to assignment or subcontracting, each term and condition of this contract shall be binding on the assigns, successors or administrators of the respective parties.

In the event the City consents to subcontracting, the Contractor shall include in all subcontracts the following provision: "This contract is a subcontract under the terms of a prime contract with the City of Placentia. All provisions of that prime contract shall apply to this subcontract."
The Contractor and all subcontractors must obtain and maintain in effect a valid City of Placentia Business License prior to commencement of work, and during the entire time that work is being performed under the contract. All permits and licenses necessary to the performance of this project shall be secured by the Contractor at City of Placentia Bid No. CS -24-04 Page 30 of 39
90 the Contractor's own expense. The Contractor shall pay all taxes properly assessed against any equipment or property used or required in connection with the performance of security services.

Contractor shall indemnify, defend, and hold harmless the City and its employees and agents from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees.

O. TERMINATION: The City reserves the right to terminate the order or delay delivery or acceptance of any products and/or services ordered resulting from this bid without penalty. Upon receipt of any written notice of termination from City, Contractor shall immediately cease all services hereunder except such as may be specifically approved
P. DIR REGISTRATION: This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.

Q. PREVAILING WAGE: The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).

Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.

1. Prevailing Wage Compliance and Monitoring:

Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, City of Placentia Bid No. CS -24-04 Page 31 of 39
91 Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirement on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

R. RETENTION: In accordance with the Contract, five percent (5%) of any progress payment will be withheld as a retention. Pursuant to Section 22300 of the Public Contract Code, at the request and expense of the Contractor, approved securities equivalent to the amount withheld may be deposited with the AGENCY or with a state or federally chartered bank as the escrow agent, and AGENCY shall then pay such moneys to the Contractor. Refer to the Contract for further clarification.

S. TIME FOR COMPLETION OF WORK AND LIQUIDATED DAMAGES: Contractor shall complete work specified herein within the agreed Schedule of Performance per the Agreement after the commencement date stated in the Notice to Proceed. The City will assess liquidated damages at the rate of $500 per calendar day that the Contractor exceeds the specified date of completion.

City of Placentia
Bid No. CS -24-04 Page 32 of 39
92 CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of their knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.

4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the contractor understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor's authorized official
Date:
(Print name and title of person signing above)
City of Placentia
Bid No. CS -24-04 Page 33 of 39
93 CERTIFICATION

REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

FOR COVERED CONTRACTS

DEFINITIONS
Covered Contracts/Subcontract
(1) Any nonprocurement transaction which involves federal funds (regardless of amount), including such arrangements as a sub -grant, for example, between TDA and another entity or the Contracting Entity and another entity.
(2) Any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed the federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 3305 (currently $50,000) under a grant or sub -grant. (3) Any procurement contract for goods or services between a participant and a person under a covered grant, sub -grant, contract or subcontract, regardless of amount, under which that person will have a critical influence on or substantive control over that covered transaction, including a. Consultant.
b. Principal investigators.
c. Providers of audit services required by the TDA or federal funding source. d. Researchers.

Debarment - An action taken by a debarring official in accordance with 2 CFR Part 417, 48 CFR Part 1, or equivalent federal regulations, to exclude a person from participating in covered contracts. A person so excluded is "debarred".

Grant - An award of financial assistance, including cooperative agreements, or contracts or subcontracts for goods or services entered into to carry out an award of financial assistance. A grant may be in the form of money, or property in lieu of money, to an eligible grantee, sub- grantee or sub -recipient.

Ineligible - a person that is prohibited from entering into a covered contract or subcontract because of an exclusion or disqualification.

Participant - any person who submits a proposal for or who enters into a covered contract or subcontract, including an agent or representative of a participant.

Person - Any individual, corporation, partnership, association, unit of government, or legal entity, however organized.

Principal - An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or a consultant or other person, whether or not employed by the participant or paid with Federal funds, who— (i) is in a position to handle Federal funds, or (ii) is in a position to influence or control the use of those funds, or (iii) occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction.

City of Placentia Bid No. CS -24-04 Page 34 of 39
94 Proposal - A solicited or unsolicited bid, application, request, invitation to consider or similar communication by or on behalf of a person seeking to receive a covered contract.

Suspension - An action taken by a suspending official in accordance with 2 CFR Part 471, 48 CFR Part 1, or equivalent federal regulations that immediately excludes a person from participating in covered contracts for a temporary period, pending completion of an investigation and any judicial or administrative proceedings that may ensue. A person so excluded is "suspended".

Voluntary exclusion - A status of nonparticipation or limited participation in a covered contract or subcontract assumed by a person under the terms of a settlement between the person and one or more agencies. Voluntary exclusion must have government wide effect.

Voluntarily excluded - The status of a person who has agreed to a voluntary exclusion.

City of Placentia Bid No. CS -24-04 Page 35 of 39
95 CERTIFICATION

REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED

CONTRACTS
Name of Business (Contractor)
Vendor ID No. or Social Security
No.
(1) The prospective contractor certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this proposal.

Signature of Contractor Representative Date
Printed Name of Printed Title of
Contractor Representative Contractor Representative
City of Placentia
Bid No. CS -24-04 Page 36 of 39
96 ATTACHMENT A

BIDDER'S STATEMENT AND COMPANY INFORMATION
(SEE ATTACHMENT)
97 ATTACHMENT B

SAMPLE CONTRACT AGREEMENT
(SEE ATTACHMENT)
98 ATTACHMENT C

SUBCONTRACTOR DESIGNATION FORM
(SEE ATTACHMENT)
99 Project No. 7210 and7504

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR
McFadden Park
THIS AGREEMENT (herein "Agreement") is made and entered into this 17th day of December, 2024 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and PLAYCORE WISCONCIN INC. D/B/A GAMETIME (herein "Contractor").

The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the construction of McFadden Park playground equipment including construction of improvements that comply with all accessibility requirements as set forth more fully in this Agreement.

B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.

C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 DEFINITIONS

1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean Playcore Wisconsin Inc. d/b/a GTameTime a (Wisconsin Corporation, Partnership, Individual) located at 150 Playcore Drive SE Fort Payne AL 35967.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman Ave., Placentia, California 92870. (c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer. Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
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(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.

2.0 SERVICES OF CONTRACTOR

2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.

2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E".

2.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.

2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
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2.6 Standard of Performance. Contractor, its subcontractors, and their employees, in the performance of Contractor's work under this Agreement, shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.

Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.

In the event Contractor fails to perform in accordance with the above standard:

1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.

Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and

3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re -perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed.

No previous payment shall be considered a waiver of the City's right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.

2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section

3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written 3 102

Project No. 7210 and7504
approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less, may be approved by the Contract Officer. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations as required by SB 854 and Labor Code 1725.5 and understands that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall ensure that its subcontractors comply with said requirements. Contractor shall comply with Labor Code Section 1771.4 and shall post all legally required job site notices. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime.

Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

3.0 COMPENSATION

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Four Hundred Ninety Seven Thousand and Nine Hundred Ninety Nine Dollars and 05/100 ($497,999.05 (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds. 4 103

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4.0 PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.

4.3 Force Majeure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than December 17, 2025, unless the parties mutually agree in writing to extend the term.

5.0 COORDINATION OF WORK

5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Clint Whiteside
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 5 104

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5.3 Prohibition Against Assignment. The experience, knowledge, capability, and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its subcontractors, agents, or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, subcontractors, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents, or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and 6 105

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generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

6.0 INSURANCE, INDEMNIFICATION, AND BONDS

6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.

Conditions:

In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.

The City of Placentia, its officers, officials, employees, agents, and volunteers shall be named as additional insureds.

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.

Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies 7 106

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the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.

Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.

6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements, in a form and content approved by City, prior to performing any services under this Agreement.

The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.

6.3 Indemnification. Contractor shall protect, defend, indemnify, and hold free and harmless the City of Placentia, its officers, officials, employees, agents, and volunteers, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity arising or alleged to arise out of or in any way connected with the performance of the work, operations, or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Contractor, its employees, and/or subcontractors. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, officials, employees, agents, or volunteers for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors', or invitees') negligent performance of or failure to perform such work, operations, or activities hereunder; and Contractor agrees to save and hold the City, its officers, officials, employees, agents, and volunteers harmless therefrom. (c) In the event the City, its officers, officials, employees, agents, or volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the 8 107

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City, its officers, officials, employees, agents, or volunteers any and all costs and expenses incurred by the City, its officers, officials, employees, agents, or volunteers in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any State or Federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints, or suits arising out of the sole active negligence or willful misconduct of the City.

The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A-" or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, and only if they are of a Financial Size Category Class VII or larger, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Project Manager and Risk Manager determine that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Project Manager provided that the Contractor shall have the right to appeal a determination of increased coverage by the Project Manager to the City Council of City within ten (10) days of receipt of notice from the Project Manager.
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6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

7.0 RECORDS AND REPORTS

7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without 10 109

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limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

8.0 GENERAL PROVISIONS

8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement.

Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.
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8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.6 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit "A") or Schedule of Performance (Exhibit "B"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City:

To Contractor:

City of Placentia
401 E. Chapman Ave.

Placentia, California 92870
Attn.: Lydie Gutfeld
Playcore Wisconsin, Inc.
150 Playcore Drive SE
Fort Payne, AL 35967
Attn: Clint Whiteside
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8.11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Contractor and its officers, employees, associates, and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates, and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates, or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Agreement.

8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.

To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.15 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 13 112

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8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
(b) E-Verifv. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.

8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement 14 113

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System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

8.21 Leaal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances, and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances, and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.

8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover -off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.

The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums, or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement. 15 114

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8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates, and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

8.26 No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project. 16 115

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8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

ATTEST:

CITY OF PLACENTIA,
A municipal corporation and Charter City
Jeremy Yamaguchi, Mayor
ATTEST:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

CONTRACTOR:

Signature
Name and Title
Social Security or Taxpayer ID Number
Christian L. Bettenhausen, City Attorney
17 Date:

Date:

Date:
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APPROVED AS TO INSURANCE:

Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:

Madelinne Villapando, Project Manager
DEPARTMENTAL APPROVAL:

Lydie Gutfeld, Director of Community Services
18 Date:

Date:

Date:
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(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:

WHEREAS, , as Principal, has
entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit:
and all appurtenant work in accordance with PROJECT NO. , which requires Principal to file this bond to secure claims made in relation to the project.

NOW THEREFORE, we, , as Principal,
and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of Dollars ($... ),
lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under 118

Project No. 7210 and7504

Page 2 ends

any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
(Corporate Seal)
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
Principal
By
Title
Principal
By
Title
119

Project No. 7210 and7504

Page 1 of 1 ends

(Use of City Form is Required)

SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.

Business Address:

Telephone Number:

Date:

Print Name:

Signature:

Principal
Title
120

Project No. 7210 and7504

TAX IDENTIFICATION NUMBER

Page 1 of 1 ends

(Use of City Form is Required)
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.

You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.

If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:

CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman Ave.

Placentia, CA 92870
Exempt: Yes No Telephone
CORPORATION:

U.S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:
121

Project No. 7210 and7504

BID GUARANTEE

TO THE CITY OF PLACENTIA
PROJECT NO.

As a material inducement to the City to award the contract for Project No. to , the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: ("the work").

Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.

Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned.

The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.

If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.

If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.

Guarantor Date:

Contractor: By:

Title:
122

Project No. 7210 and7504

STATEMENT OF NON COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true. b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. c. That such bid or proposal is genuine and not collusive or sham. d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement. e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal.
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else.

Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years. j. That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.

I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:

On at California.

Firm
Street
City State Zip
(Signature)
(Print Name & Title)
123

Project No. 7210 and7504

EXHIBIT A

SCOPE OF SERVICES
124

Project No. 7210 and7504

EXHIBIT B

SCHEDULE OF PERFORMANCE
125

Project No. 7210 and7504

EXHIBIT C

INSURANCE REQUIREMENTS
126

Project No. 7210 and7504

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
127

Proposal for
City of Placentia
Prepared by

GREAT WESTERN

R ECREATION
12-03-2024
Job # 1119 24-0 1
McFadden Park Playground Option 5A
(GameTime)
r LAYCORE comoa„r
805-910-59711 www.gwpark.com
128

Gel v o�
AT,-
•4::•-
A. COMPANY INFORMATION

ATTACHMENT A

BIDDER'S STATEMENT AND

COMPANY INFORMATION
Company Full Legal Name:

Business Address:

Southern California Address: (if different)
Website Address:

Length of time firm has been in business:

Type of business:
(LLC, Partnership, or Corporation)
Taxpayer I.D. No. 39-1720480
CSLB Number(s) 855664
Name Brandon Seitz
Name Sarauna Openshaw
BIDDERS STATEMENT:

GameTime DBA Great Western Recreation
150 PlayCore Drive SE, Fort Payne AL 35967
613 Forest Park Blvd , Oxnard CA 93036
www.gametime.com/ www.gwpark.com
95 Years
Corporation
If incorporated,
State of
Incorporation:

DR Registration Number 1000015526
AL
Contractor's License Classification(s) C611034 C611012 B Project Manager Contact Information
Phone 805-910-5971 Email [email protected]
Contract Administrator information
(insurance and other administrative questions)
Phone 435-245-5055 Email [email protected]
With my signature 1 confirm that I am authorized to bind the company. By submitting this Bid, confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid.

Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions.

B. REFERENCES
Attachment A
Y1�l�lp� P(AYV
Title

Page 1 of 2 ends

129

•

ATTACHMENT A

BIDDER'S STATEMENT AND

COMPANY INFORMATION
References shall be provided in accordance with this Notice Invting Bids, Section I. Bid Submittal Instructions. Additional pages may be attached if necessary.

REFERENCE #1
Agency Name:

City of La Habra
Dates of Services Performed/Contract Term:
6/1/24 - 6/20/24
Contact Name:

Kelly Fujio
Contract Amount:
400k
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):

Contact Email Address:
[email protected]
Contact Phone Number:
310 -345-0864
La Habra Childrens Centers: Remove two existing playgrounds and replace with new structures and a playhouse. Provide and install poured in place and turf surfacing REFERENCE #2
Agency Name:

Ocean View School District
Contact Name:

Kimberly Slack
Dates of Services Performed/Contract Term: Contract Amount:
5/01/2024 - 8/30/2024 410k
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):

Contact Email Address:

[email protected]
Contact Phone Number:
(714) 847-7083, x3502
Mesa View Elementary: Create a new playground pit from the ground up. Provide and install play equipment and volleyball equipment. Provide and install rubber surfacing including outer walking path.

REFERENCE #3
Agency Name:

City of Cerritos
Dates of Services Performed/Contract Term:
05/24/2024
Contact Name:

Sherre Titus
Contract Amount:
160k
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):

Contact Email Address:
[email protected]
Contact Phone Number:
562-916-1255
Gridley park East: Provide new playground equipment and design services for both a 5-12 and 2-5 structure with Inclusive elements to replace existing burnt down structure.

Page 2 of 2 ends

130

ATTACHMENT C

SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder's total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.

If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder's total bid, including alternates.

In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or's suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.

Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid.

Additional sheets may be attached if needed.

Subcontractor Name: Address:
2163 N Glassell St, Orange CA 92865
Ortco Inc
Portion of Work/Trade:

Surfacing/Installation of Equipment
Bid Amount:
$242,713.00
Contractor's License No. Dir Registration No.:
657695
10000001641
Subcontractor Name: Address:

Portion of Work/Trade: Bid Amount:

Contractor's License No.: Dir Registration No.:
131

Bond No. 35413-CHU-24-11
Playground Design, Purchase, and Installation at McFadden Park

BIDDER'S BOND
(To Accompany Contract Proposal)

KNOW ALL MEN BY THESE PRESENTS,
That PlayCore Wisconsin, Inc. dba GameTime , as PRINCIPAL, and Federal Insurance Company , as SURETY, are held and firmly bound unto the City of Placentia in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

In no case shall the liability of said SURETY here under exceed the sum of $ Ten Percent of Total Amount Bid (10%).

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the above-mentioned bid to the City of Placentia for certain construction for which bids are to be submitted via Planet Bids on December 3, 2024, for:

Playground Design, Purchase, and Installation at McFadden Park NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written consent in the prescribed form in accordance with the bid, and files the two bonds with the City of Placentia, one to guarantee faithful performance and the other to guarantee payment for Labor and Materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the Obligee and judgment is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 2nd Day of December 2024.

PRINC
BY
Y
PAL PlayCore Wi in, Inc. dba GameTime SURETY Federal Insurance Company 1-4t.A G J �� • ,
GDP- 12 t�ik�
(SEAL)
Title
Title
ttio
April D. Perez, Attorney -in
2029 Halls Mill Road
Address
Whitehouse Station. NJ 08889-3454
(SEAL)
132

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Alabama
County of DeKalb
}
}
____ before me, Deborah Davis, Notary Public
Here insert name and Idle of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Maria C Townson
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true an0. rpg48,
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©C�� a•
‘17„,‘0. pub%.> a
o ary Public Signature 4' 'Votary Pub rf ea
My Commission Expires: 3j Qq 26a �4R ..o.c'
4'� ` a '-"'"J INSTRUCTIONS FOR COMPLETING THIS FORM
WITNESS my hand and officia a
ADDITIONAL OPTIONAL I NFORMAT I iV ,;s farn, complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary (Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date

CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
En Corporate Officer
Corp Director Risk
(Title)
❑ Partner(s)
O Attomey-in-Fact
p Trustee(s)
❑ Other
2015 Version aww NotayClasses corn 800-873-9865
law.
• State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 13e/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. . Indicate title or type of attached document, number of pages and date. . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 133

Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed, If the Contractor is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, "insurance Policies and Bonds", in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by use of the surety company's standard printed form.

BID BOND

ACKNOWLEDGMENT OF SURETY

STATE OF NEIN JERSEY
ss
County of MORRIS
On this 2nd day of December , 2024, A.D.

April D. Perez personally appeared before me a
(Notary Public, Judge or Other Officer)
in and for Morns County, State of New Jersey
known to me to be the Attornev-in-f=act of the corporation that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned.
t 14.1
(Notary Public, Juge or Other Officer)

ANN MARIE KEANE

NOTARY PUBLIC

STATE OF NEW JERSE'X
MY COMMISSION EXPIRES MAY 19, 2025
134

CHUBS
Power of Attorney
Federal Insurance Company 1 Vigilant Insurance Company 1 Pacific Indemnity Company Westchester Fire Insurance Company 1 ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Delaware corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania. do each hereby constitute and appoint
April D. Perez
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.

In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 199, day of July, 2024.

Raper. 140 tuitY.ellx d:a.t.ar.tGetnttorT
IV;Irfrn 4.Ithht xn. t h•c i're.idtm

STATE OF NEW JERSEY
County of Hunterdon SS.

On this 1.90, day of July, 2024 before me, a Notary Public of New jersey. personally came Rupert HD Swindells and Warren Eichhorn, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn, severalty and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority.

Notarial Seal
Albert Contursi
NOTARY pUBUC OF NEW JERSEY
No 50202369
Commission Expires August 22.202T
-.45-11-1411oitsry lc

CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMI'ANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other wTltten commttntents of the Company entered into in the ordinary course of business (each a 'Written Commitment"):
(1)
(2)
(3)
Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise.

Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seat of the Company ur otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized. for and on behalf of the Company to appoint in writing any person the attorney-in- fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise. such Written Commitments of the Company as may be specified in such written appointment which specification may be by general type or class of Written Commitments or by specification of one or marc particular Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company h hereby authorized, for and an behalf of the Company, to delegate In writhtg to any other officer of the Company the authority to execute. for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.

The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution. and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation, EURTIIER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act far and an behalf of the Company, and such Resolution shall not limiter otherwise affect the exercise of any such poorer or authority otherwise validly granted or vested." I, Rupert 11D Swindells, Assistant Secrerary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY. WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect.

Given under my hand and seals of said Companies at Whitehouse Station, NJ, this December 2, 2024 (5)
Raper. lib Swsr.GeJls ,;:sistartSearary
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS ISOND OR NOTIFY US OF ANY OTHE fY MATTER. PLEASE CONTACT US AT:

Telephone (9081903- 3493 Fax (9081903- 3656 e-mail: surrtwSdiab6_com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)
135

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619660

ANGLED UFEGUAI
SNACK15RPNEL

THREE STUMP
C91284R

LIFEGUARD
SHACK
P.TFYWAY
61_4RP

UFEGUARC SHACK
6892 P

BEACH SHOP

STORE PANEL
6135RB

RUNG ENCLOSURE
(BARRIER) 9w/1 .1ELESCO

SWERVE ZIP
SLIDE
10LL66
\11
E!T

LIFEGUARD SHACK
ENCL0S911I: RlV B01.10

TRANSFFR

PLATFORM
w/ OF 1SAVER

SENSORY SURFBO
RETRO
6897SP

SENSORY SURFBOARD
FLOWERS8S
I IsI0
9 0 0 1

SHORT SEAHORSE
CUMBER
',343SP

SHORT SEAHORSE
CUMBER
SPRROUTCUMB91269
EfE

ENTRYWAY
(TI9IBSBS�
UFE

PRESERVEIY

UFEWARD FUNN
SHACK 913BK_--
ENCIOSURF. W/
81 6 F ANK CUMB82\R
9 ENTRYWAY �\
(TIMBERS)
91150
'------
IiANDHOLD PA0KAG2
w/IBCKPPLATE
SINGLE
WL ERSU E:
993382
911706
91)709
4111

SEAT NOT INSTALLED ON BOAT

SALT WATER FISHING BOAT
8235S'
14' SUNBLOX

HEX CANOPY
91798
AT'A
\ 0 00
•®Alf
ip
wit
HI—UNE
CUM3ING LINK
(1 ,)ECK 3 PAN 1' RISE)
91618
HIGh POINT ENTRYWAY
(RANIE) RUNG ENCLOSURE
(BARRIER)
HIGH POINTENTRYWAY90216
891140

CITY OF PLACENTIA
McFADDEN PARK
Placentia, CA
Representative
Great Western
CORAL
CUMBER
( �Dl

ENTRYWAY
(TIMBERS) ,
91150

WALLY ME TAIL

WALLY WHALE
7031

ENTRYWAY
(TIMBERS)
911

CATAUNA WMBER
5213
HEX320D (1')
HEX3202POD2 (1')

CATAUNA CUMBER
r•t 9ii44
•,, CATAUNA CUMBER
(5209)

CATAUNA CUMBER

RUNG ENCLOSURE (CAP)
(BARRIER) ..
90216 CATAUNA
':f,TAUNA CUMBERTRANSFER
uhn M
491RISER 5252

ENTRYWAY
(TI91150S)

CATAUNA CUMBER
(5209)

UGHTHOOFUSE
418016
360 SPIRAL SUDI_

W/ METAL
ENCLOSURE9
9088
5-12 WELCOME
SIGN
5179

78.-9"
SALES REP Total Elevated Play Components 12
BRANDON SEITZ Total Elevated Play Components Accessible By Ramp - Required 805-910-5971 Total Elevated Components Accessible By Transfer 12 Required [email protected] Total Accessible Ground Level Components Shown 14 Required Total Different Types Of Ground Level Components 4 Required

SWING SHADE
( 1BAY)
ZERO -0 CHAIR PACKAGE (2 TO 3)

MTH YELLOW CHAIR BRACE AND
LATCH, FOR 5' TOPRAIL, 8' HIGH

WITH GALVANIZED CHAIN
81752
EXPRESSION SW 180
5' TOPR5IL 145 8' HIGH

BELT SEAT PACKAGE
5' 0.0.
8916

BELT SEAT PACKAGE
5' 0.D.
8918
10'
20'
5'
IMPORTANT: Soft resilient surfacing
Minimum Area R wired:

This play should be placed in the use zones of all
1 equipment is 1 equipment, as specified for each type of 6 recommended Scale: - I equipment, and at depths to meet the for children ages f critical fall heights as specified by the U S.

This drawing can be consumer Product Safety Commission, 4 5-12 scaled only when in
3J J an 18" x 24" format J \ ASTMStandard CAN/CSAstandard F 1487-Z-6614 adian 15'
Drawn By:

SLB/MW
Date:
9/23/24
Drawing Name:
111924 -01 -Opt 5
t0

(GameTime)
A PLLYcoRE c«nc■",
GameTime C/O Great
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055
www.gwpark.com
Western Recreation
Fax: 435-245-5057
McFadden Park Playground Option 5A
City of Placentia
Attn: Veronica Ortiz
900 S. Melrose St.

Placentia, CA 92870
United States
Phone: 714-993-8222
vortiz©placentia.org
11/27/2024
Quote #
111924-01-06
Ship to Zip 92865
Qty Part # Description
List $ Selling $ Ext. Selling $
1 RDU
GameTime - Custom Life Guard and Light House 5-12 Play Strucutre- • Reference 111924 -01 -Opt 5
1 5179 GameTime - Welcome Sign (5-12)
1 4821 RP GameTime - 48" Transfer w Life Buoy
2 5343SP GameTime - Short Seahorse Climber
1 6131 RP GameTime - Life Preserver Funnel Bridge
1 6132RP GameTime - Lifeguard Shack Enclosure w/ Buoy
1 6133RP GameTime - Lifeguard Shack Enclosure w/ Tube
1 6134RP GameTime - Lifeguard Shack Entryway
1 6135RP GameTime - Beach Shop Store Panel
1 6192RP GameTime - Lifeguard Shack Roof
1 6195RP GameTime - Lifeguard Shack Angled Panel
1 6196RP GameTime - Lifeguard Shack Tall Panel
1 6896SP GameTime - Surfboard Flowers
1 6897SP GameTime - Retro Surfboard Sensory
1 4193RP GameTime - Lighthouse Roof
1 1205LD GameTime - Salt Water Fishing Boat without seat 1 7031 GameTime - Whale
1 7029 GameTime - Whale Tail
2 32022 GameTime - Hex Pod Step (1')
1 81752 GameTime - 5" Zero -G Chair (2-5)-Galv Chain
1 5145 GameTime - Expression Swing 5" X 8'
2 8918 GameTime - Belt Seat Pkg 5"Od(8918)
1 5192 GT -Shade - Double Bay Swing Shade
1 PPBOND GameTime - Payment and Performance Bond
1 INSTALL Other Products 1 - MOBILIZE EQUIPMENT AND MATERIALS - Prevailing Wages

Page 1 of 6 ends

$102,212.00 $51,106.00 $51,106.00
$748.00 $703.12 $703.12
$7,224.00 $7,224.00 $7,224.00
$3,236.00 $3,236.00 $6,472.00
$10,028.00 $10,028.00 $10,028.00
$3,044.00 $3,044.00 $3,044.00
$3,044.00 $3,044.00 $3,044.00
$1,784.00 $1,784.00 $1,784.00
$1,536.00 $1,536.00 $1,536.00
$5,580.00 $5,580.00 $5,580.00
$3,600.00 $3,600.00 $3,600.00
$3,140.00 $3,140.00 $3,140.00
$5,565.00 $5,565.00 $5,565.00
$5,898.00 $5,898.00 $5,898.00
$27,344.00 $27,344.00 $27,344.00
$23,288.00 $23,288.00 $23,288.00
$19,994.00 $19,394.18 $19,394.18
$15,229.00 $14,772.13 $14,772.13
$960.00 $729.60 $1,459.20
$759.00 $736.23 $736.23
$1,949.00 $1,637.16 $1,637.16
$388.00 $325.92 $651.84
$13,602.00 $13,193.94 $13,193.94
$7,790.00 $7,790.00 $7,790.00
$1,995.00 $1,995.00 $1,995.00

GREAT 'WESTERN
eranean Sail!
Brordonlgrparkcon
147

(GameTime)
A PLAYcoRE c«nc■n,
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
McFadden Park Playground Option 5A
11/27/2024
Quote #
111924-01-06
Qty Part # Description List $ Selling $ Ext. Selling $
1 INSTALL Other Products 1 - DEMO AND DISPOSE OF EXISTING EQUIPMENT. INCLUDING 4,170 SQFT. OF POUR IN PLACE RUBBER SURFACING -
Prevailing Wages
$28,235.00 $28,235.00 $28,235.00
1 INSTALL Other Products 1 - RE -GRADE AND COMPACT SUB BASE MATERIALS.

APPROXIMATELY 4,170 SQFT.-
Prevailing Wages
$5,580.00 $5,580.00 $5,580.00
1 INSTALL Other Products 1 - INSTALLATION ONLY OF GAMETIME PLAY EQUIPMENT - REFER TO DRAWING 111924 -01 -OPT 5 ORTCO INC ISA CERTIFIED GAMETIME

INSTALLER -
Prevailing Wages
$82,749.00 $82,749.00 $82,749.00
1 INSTALL Other Products 1 - PROVIDE AND INSTALL POUR IN PLACE RUBBER SURFACING. 50/50 BLACK AND STANDARD COLOR WITH AROMATIC BINDER.

EXCLUDES DESIGNS AND GRAPHICS. APPROXIMATELY 3,990 SQFT. FOR AN AVG. CFH OF 8'-
• 1005 sf 100% beige shoreline
• 350 sf 100% light blue shoreline wave
• 2565 sf 100% standard blue aliphatic
• 30 sf 100% gray for shark
• 25 sf 100% light green for turtles
• 5 sf 100% color red for crab
• 10 sf 100% color orange for starfish
Prevailing Wages
$124,154.00 $124,154.00 $124,154.00
Sub Total $461,703.80
Estimated Freight $17,815.18
Tax $18,480.07
Total $497,999.05

Page 2 of 6 ends

GREAT 'WESTERN
eranean Sail!
Brordonlgpakcon
148

(GameTime)
',PLAYcoRECa^'P�ny
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
McFadden Park Playground Option 5A
11/27/2024
Quote #
111924-01-06
Comments
Your Sales Rep is Brandon Seitz. Please reach out to Brandon at 805-910-5971 if you should have any questions regarding this quote.

Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.

Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old.

Shipping to:

Installer
2163 N GlasseII St
Orange, CA 92865
Site Address:
900 S Melrose St,
Placentia, CA 92870
`Freight charges are based on listed zip code and are subject to change if shipping information changes. "Deposit may be required.

Permitting not included, unless otherwise noted.

Prevailing wage

Page 3 of 6 ends

GREAT 'WESTERN
eranean Sail!
Brordonlgrparkcon
149

(GameTime)

PLAYCORE
GameTime C/O Great Western Recreation 11/27/2024
P.O. Box 680121 Quote #
Fort Payne, AL 35967 111924-01-06
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
McFadden Park Playground Option 5A
Remit Payment to:

GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:

All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.

If sales tax exempt, you must provide a copy of certificate to be considered exempt.

Prices:

FOB Factory.

Orders:

All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.

Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.

Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.

Terms:

Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.

Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.

Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:

Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.

Retainage not accepted.

Orders under $5,000 require payment with order.

Landmark Design GFRC:

Orders require a 50% deposit at the time of order.

Page 4 ends

GREAT WESTERN
eranean Sail!
BrardonMgap rkcon
150

GameTime C/O Great Western Recreation
(Gamelime) P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
.L.YCOFeE ca„N.n, www.gwpark.com
McFadden Park Playground Option 5A
ACCEPTANCE OF QUOTATION:

Billing and Shipping information will be as stated on quote unless indicated below. 0 Change billing information to:

Address:

Contact:

O Change shipping information to:

Address:

Contact:

Colors: 0 Per Renderings 0 Palette
0 Per Submittals
O Other Colors, please specify
Purchase Amount: $497,999.05
Signature: Date:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

DIR# 1000015526 CSLB#855664

Page 5 of 6 ends

11/27/2024
Quote #
111924-01-06

GREAT WESTERN
B11M41017 Sail!
Bv..donlg.arkcon
151

(GameTime)
A PLAT coRE
INSTALLATION CONDITIONS:

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
McFadden Park Playground Option 5A
11/27/2024
Quote #
111924-01-06
• ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.
• FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.
• UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

Page 6 of 6 ends

GREAT 'WESTERN
eranean Sail!
Brordonlgrparkcon
152

ACRD® CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

CONTACT NAME: Justin Llizo

DATE (MM/DD/YYYY)
09110/2024

PRODUCER
MARSH USA, LLC.

Two Alliance Center
3560 Lenox Road, Suite 2400
Atlanta, GA 30326
Attn: [email protected] / Fax: 212-948-4321 CN 102326389-CAS-GAUWX-23-24

INSURED
PlayCore Wisconsin, Inc.

Dba GameTime
150 PlayCore Drive SE
Fort Payne, AL 35967
COVERAGES CERTIFICATE NUMBER:

NE
AHO No. Ext):

E-MAIL
ADDRESS:
(202) 258-5895
[email protected]

INSURER(S) AFFORDING COVERAGE
FAX
(A/C, No):

NAI:*
INSURER A : Evanston Insurance Comoanv 35378
INSURER B: Continental Casualty Company 20443
1 INSURER C : American Casualty Comoanv Of Readina_ . Pa 20427 1 INSURER D : Transportation Insurance Co 20494
1 INSURERE: N/A N/A
1 INSURER F : Thp C{itental Insurance Company 35289
ATL -005801687-00 REVISION NUMBER: 0

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR ItIrY

SD WVD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY)
A X COMMERCIAL GENERAL LIABILITY MKLV2PBC002287 08/01/2024 08/01/2025 EACH OCCURRENCE $

CLAIMS -MADE
X SIR $250,000 Per Occ.

X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY X PRPECO- LOC
OTHER:

B AUTOMOBILE LIABILITY BUA 7039895527 08/01/2024 08/01/2025 F
C
C
D
C
X
X

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

UMBRELLA LIAB

EXCESS LIAB

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
X
OCCUR

CLAIMS -MADE
DED I X I RETENTION $ 0

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRI ETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N
N/A
7039984806 08/01/2024 08/01/2025
RETENTION Umb Catastrophe $25,000
WC 7 39895530
WC 7 39895544
WC 7 39918871
WC 7 39929062
08/01/2024
08/01/2024
08/01/2024
08/01/2024
08/01/2025
08/01/2025
08/01/2025
08/01/2025

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

POLICY AGGREGATE

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
(Per accident)
Comp./Coll. Ded.: $1,000

EACH OCCURRENCE

AGGREGATE
X I STATUTE I I 2r
-
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: McFadden Park
The City of Placentia, its officers, officials, employees, agents, and volunteers are listed as additional insured, in regard to services performed by the Insured, on a primary and non-contributory basis, on the General Liability via CG 2010 & CG 2037 (04/13 versions) and Automobile Liability via CA 2048, when required by written contract. A Waiver of Subrogation applies in favor of the additional insureds on all policies, when required by written contract

CERTIFICATE HOLDER CANCELLATION
City of Placentia
Attn: City Administrator
401 E. Chapman
Placentia, CA 92870
ACORD 25 (2016/03)
$
$
2,000,000
100,000
10,000
2,000,000
4,000,000
4,000,000
10,000,000
1,000,000
10,000,000
10,000,000
1,000,000
1,000,000
1,000,000

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo are registered marks of ACORD

ACORO®
AGENCY
MARSH USA, LLC.

POLICY NUMBER

CARRIER

ADDITIONAL REMARKS
AGENCY CUSTOMER ID: CN102326389
LOC #: Atlanta

ADDITIONAL REMARKS SCHEDULE

NAIC CODE

NAMED INSURED
PlayCore Wisconsin, Inc.

Dba GameTime
150 PlayCore Drive SE
Fort Payne,AL 35967
EFFECTIVE DATE:

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers' Compensation (Continued):

Carrier: Transportation Insurance Company
Policy Number: WC 7039918885
Dates: 08/01/2024 - 08101/2025
WC 7 39895530 • AL,CO,FL,GA,ID,IL,IN,KS,KY,MA,ME,MD,MI,MN,MO,MT,NV,NY,NC,OK,PA,SC,TN,TX,UT,VA WC 7 39895544 - CA
WC 7 39918871 - AZ, OR, WI
WC 7039918885- OH, ND, WY, WA

Page 2 of 2 ends

The ACORD name and logo are registered marks of ACORD

POLICY NUMBER: MKLV2PBC002287
EFFECTIVE: AUGUST 1, 2024
EXPIRES: AUGUST 1, 2025

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
As required by written contract executed by both parties prior to loss
Location(s) Of Covered Operations
All locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

CG 20 10 04 13

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012 Page 2 of 2
CG 20 10 04 13

ti
POLICY NUMBER: MKLV2PBC002287
EFFECTIVE: AUGUST 1, 2024
EXPIRES: AUGUST 1, 2025

COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

As required by written contract executed by both parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
© Insurance Services Office, Inc., 2008 Page 1 of 1
CG 24 04 05 09

EFFECTIVE: AUGUST 1, 2024
EXPIRES: AUGUST 1, 2025
POLICY NUMBER: MKLV2PBC002287

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
© Insurance Services Office, Inc., 2012 Page 1 of 1

CNA
Product Name
tuiless Auto
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

SCHEDULE
Name of Additional Insured Persons Or Organizations
" Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was eye nterlsprinr to thr riatr of lncc "

1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

2. The insurance afforded to the additional insured under this policy will apply on a primary and non- contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

Policy No: BUA 7039895527
Policy Effective Date: 08/01/2024
Policy Page: 165 of 221

CNA
Product Name
llUsiiless Au to
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: PlayCore Group, Inc.

Endorsement Effective Date: 08/01/2024

SCHEDULE
Name Of Person(s) Or Organization(s): " Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss." Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section 1 - Covered Autos Coverages of the Auto Dealers Coverage Form.

CNA
Form No: CA 20 48 10 13
Endorsement Effective Date: 08/01/2024
Endorsement No: TBD; Page: TBD
Underwriting Company: CONTINENTAL CASUALTY COMPANY
© Copyright Insurance Services Office, Inc., 2011
Product Name
Susi]less Auto
Policy No: BUA 703895527
Policy Effective Date: 08/01/2024
Policy Page: TBD

CNA
Product Name
Workers' Compensation,
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
"Any person or organization whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss"
The premium charge for the endorsement is reflected in the Schedule of Operations.

All other terms and conditions of the policy remain unchanged.

Form No: WC 00 03 13 (04-1984)
Endorsement Effective Date: 08/01/2024 Endorsement Expiration Date:08/01 /2025 Endorsement No: TBD; Page: TBD
Underwriting Company: AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA;

TRANSPORTATION INSURANCE COMPANY
Copyright 1983 National Council on Compensation Insurance.

Policy No: WC739895530; WC739895544;
WC739918871; WC739929062
Policy Effective Date: 08/01 /2024
Policy Page: TBD

POLICY NUMBER: MKLV2PBC002287
EFFECTIVE: AUGUST 1, 2024
EXPIRES: AUGUST 1, 2025

COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Name Of Additional Insured Person(s)
Or Organization(s)
As required by written contract executed by both
parties prior to loss

SCHEDULE
Location And Description Of Completed Operations
All locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

CG 20 37 04 13
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
© Insurance Services Office, Inc., 2012 Page 1 of 1

Product Name
CNA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO

SCHEDULE
Name of Person or Organization: " Any person or organization whom you have agreed to include as an additional insured under a written contract. provided such contract was PyProtvei `rinr to the (late of lncs " (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for the injury or damage. This injury or damage must arise out of your activities under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule.

All other terms and conditions of the policy remain unchanged.

Policy No: BUA7039895527
Policy Effective Date: 08/01/2024
Policy Page: 177 of 221

DocuSign Envelope ID: 2A4096F2-5DE9-4F1 E-AC16-EE17C46F3E93

BENEFICIARY AGREEMENT BETWEEN THE COUNTY OF ORANGE AND

THE CITY OF PLACENTIA FOR AMERICAN RESCUE PLAN ACT

FUNDING
This Beneficiary Agreement (the "Agreement") is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "County," and the City of Placentia, a California municipal corporation, hereafter referred to as "Beneficiary," with the County or Beneficiary referred to as "Party," or collectively as "Parties."
WHEREAS, on February 26, 2020, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (named "COVID-19") in Orange County (the "COVID-19 Emergency"); and
WHEREAS, on March 2, 2020, the Board of Supervisors adopted Resolution No. 2020-11 ratifying the local health emergency declared by the County's Health Officer; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency to exist in California because of the threat of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the COVID-19 Outbreak; and
WHEREAS, the American Rescue Plan Act (ARPA) was passed by Congress and signed into law by the President of the United States on March 11, 2021; and WHEREAS, under the State and Local Fiscal Recovery Funds (SLFRF) program, enacted as part of (ARPA), more than $350 billion in emergency funding was distributed to state, local, territorial, and Tribal governments with the County receiving a total of $616.8 million in two equal allocations of SLFRF funds; and WHEREAS, ARPA provides that SLFRF funds may be used to replace lost public sector revenue to pay for government service expenses that are incurred during the period that begins on March 3, 2021, and ends on December 30, 2024; and WHEREAS, on January 6, 2022, the United States Department of Treasury released its Final Rule for the SLFRF program, which among other things, authorizes State and local government recipients to use SLFRF funds to replace lost public sector revenue and use such funding to provide government services up to the amount of revenue loss due to the pandemic; and
WHEREAS, on June 28, 2022, the Orange County Board of Supervisors authorized the allocation of $9,500,000 in SLFRF funds to be used for various Fourth

Page 1 of 6 ends

165

DocuSign Envelope ID: 2A4096F2-5DE9-4F1 E-AC16-EE17C46F3E93 District priority projects, including local governments for educational and infrastructure projects; and
WHEREAS, Beneficiary is a local government with educational and infrastructure projects; and
WHEREAS, in order to assist Beneficiary in its educational and infrastructure projects, the Parties have agreed that the County shall transfer the Grant Amount described herein to Beneficiary.

NOW, THEREFORE, the Parties mutually agree as follows:

1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on June 30, 2024, or when all the Parties' obligations under this Agreement are fully satisfied, whichever occurs earlier.

2. USE OF GRANT AMOUNT.
a. The grant funds provided are federal funds and subject to the Single Audit Act of 1984. The following information is provided in accordance with the Single Audit Act.

Grant Amount
Beneficiary Name:

Beneficiary Unique Entity
Identifier (UEI)
Awarding County Agency
County Contact
Assistance Listing
Number (ALN) / Name
Federal Award
Identification Number
Awarding Federal Agency
Indirect Cost Rate
Whether Award is R&D:
$500,000
City of Placentia
WN5YQKL2QFZ5
County Executive Office
Oana Cosma (714) 834-7410

21.027 / Coronavirus State and Local Fiscal
Recovery Funds
SLFRP1607
US Treasury Department
10% MTDC or Federally Approved Rate
No
b. Beneficiary shall use Grant Amount provided under this Agreement for costs associated with the development, construction, and maintenance of a senior center.
c. Indirect costs may not exceed 10% of the modified total direct costs per 2 CFR section 200.68 or the federally approved indirect cost rate, if applicable.
d. Beneficiary must utilize the Grant Amount in accordance with all Federal and State laws, including but not limited to the American Rescue Plan

Page 2 of 6 ends

166

DocuSign Envelope ID: 2A4096F2-5DE9-4F1 E-AC16-EE17C46F3E93 Act of 2021 (ARPA), codified at 42 U.S.C. § 802, et seq., and all applicable regulations and guidelines implementing ARPA, including the regulations issued by the Department of Treasury at 31 CFR Part 35 regarding costs that are payable from SLFRF Funds.

3. PAYMENT OF GRANT AMOUNT
a. The County will issue a one-time contribution to the Beneficiary of the Grant Amount set forth in Paragraph 2.a within 10 business days of the full execution of this Agreement. All of Beneficiary's expenditures of the Grant Amount must be for costs as described in Paragraph 2.b of this Agreement.
b. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein.

4. STATUTES AND REGULATIONS APPLICABLE TO GRANT. Beneficiary must comply with all applicable requirements of State, Federal, and County of Orange laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement.

Beneficiary must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Beneficiary must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:
a. Office of Management and Budget (OMB) Guidance. Beneficiary must comply with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards per 2 CFR Part 200 (the "Uniform Guidance"), including the procurement standards set forth in 2 CFR 200.318 through 2 CFR 200.327 when using the Grant Amount to procure goods and services.
b. Single Audit Act. Since Federal funds are used in the performance of this Agreement, Beneficiary must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), OMB Circular A-133 and any administrative regulation or field memoranda implementing the Act.
c. Political Activity Prohibited. None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation.

Page 3 of 6 ends

167

DocuSign Envelope ID: 2A4096F2-5DE9-4F1 E-AC16-EE17C46F3E93 d. SAM.gov Reauirements. Beneficiary is required to have an active registration with the System for Award Management ("SAM") ( https://www . sam.gov).

5. COMPLIANCE WITH GRANT REQUIREMENTS. Grant funds awarded must be used solely for the purposes identified in Paragraph 2 of this Agreement. In accordance with Paragraph 11, Beneficiary agrees to indemnify, defend, and hold harmless the County of Orange for any sums the State or Federal government contends or determines Beneficiary used in violation of this Agreement. Beneficiary shall immediately return to the County any funds the County or any responsible State or Federal agency, including the Department of Treasury, determines the Beneficiary has used in a manner that is inconsistent with Paragraph 2 of this Agreement. The provisions of this paragraph shall survive termination of this Agreement.

6. CERTIFICATION. Beneficiary hereby certifies that the Beneficiary will use the Grant Amount for eligible expenses as described Section 2 above.

7. RECORDS MAINTENANCE. Beneficiary shall maintain records in their original form in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period of four (4) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within the County of Orange unless authorization to remove them is granted in writing by the County.

8. RECORDS INSPECTION. At any time during normal business hours and as often as either the County, Inspector General acting pursuant to the Inspector General Act of 1978, or the Auditor General of the State of California may deem necessary, Beneficiary must make available for examination all its records with respect to all matters covered by this Agreement. The County, Inspector General, and the Auditor General of the State of California each have the authority to audit, examine and make excerpts or transcripts from records, including all Beneficiary's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Beneficiary agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of Beneficiary's records, the County may require that Beneficiary provide supporting documentation to substantiate Beneficiary's expenses with respect to the Beneficiary's use or expenditure of monies provided by the County to the Beneficiary under this Agreement.

9. INDEPENDENT CONTRACTOR. The Beneficiary shall be considered an independent contractor and neither the Beneficiary, its employees, nor anyone

Page 4 of 6 ends

168

DocuSign Envelope ID: 2A4096F2-5DE9-4F1 E-AC16-EE17C46F3E93 working under the Beneficiary shall be considered an agent or an employee of County. Neither the Beneficiary, its employees nor anyone working under the Beneficiary shall qualify for workers' compensation or other fringe benefits of any kind through County.

10. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS.

Beneficiary shall be responsible for obtaining all permits, licenses, and approvals required for performing any work under this Agreement.

Beneficiary shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Beneficiary shall provide copies of permits and approvals to the County upon request.

11. INDEMNITY. The Beneficiary agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board harmless from any claims, demands or liability of any kind or nature, arising from or related to the Beneficiary's receipt of the Grant Amount under this Agreement, including any claims that the amounts paid by the County to Beneficiary were not used consistent with the restrictions on the use of SLFRF program funds as set forth in the regulations and guidance issued by the Department of Treasury regarding the use of such funds. The provisions of this paragraph shall survive the termination of this Agreement.

12. NOTICES. All notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

Beneficiary:

Damien R. Arrula, City Manager
[email protected]
401 East Chapman Ave.

Placentia, CA 92870
County:

Oana Cosma, County Budget Office
[email protected]
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701-4062

Page 5 of 6 ends

169

DocuSign Envelope ID: 2A4096F2-5DE9-4F1 E-AC16-EE17C46F3E93

13. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non -breaching Party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.

14. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney's fees, costs, and expenses.

15. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on the parties unless authorized by the Parties in writing.

16. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below.

BY:

DocuSigned by:
24B7DEA2504948D...

Damien R. Arrula, City Manager
City of Placentia
DocuSigned by:
1111
'-E631BF836C36422...

Helen Hernandez, Deputy Purchasing Agent
County Procurement Office
County of Orange, California
DATED:

DATED:
5/16/2023
5/16/2023
APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California
BY:

DocuSigned by:

Citumt-S (kiaVvxcuA,
6026E89386254F6...

James C. Harman, Chief Assistant
5/16/2023
DATED:

Page 6 of 6 ends

170

Docusign Envelope ID: 063170C4-6D40-4C8D-B0B8-COED0F1 DEC9A

FIRST AMENDMENT TO BENEFICIARY AGREEMENT BETWEEN THE

COUNTY OF ORANGE AND THE CITY OF PLACENTIA FOR AMERICAN

RESCUE PLAN ACT FUNDING
This First Amendment to the Beneficiary Agreement (the "First Amendment") is made and entered into as of June 29, 2024, by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "County," and the City of Placentia, a California municipal corporation, hereafter referred to as "Beneficiary," with the County and Subrecipient referred to as "Party," or collectively as "Parties."
WHEREAS, on June 28, 2022, the Orange County Board of Supervisors authorized the allocation of $9,500,000 in State Local Fiscal Recovery Funds (SLFRF) funds to be used for various Fourth District priority projects, including local governments for educational and infrastructure projects; and WHEREAS, on May 16, 2023, the Parties entered into a Beneficiary Agreement for American Rescue Plan Act Funding ("Agreement"); and WHEREAS, the Parties wish to amend the Agreement to revise the use of grant amount terms.

NOW, THEREFORE, the Parties mutually agree as follows:

1. Paragraph 1 of the Agreement shall be deleted and replaced in its entirety by the following:

1. TERM OF AGREEMENT. The term of this Agreement begins on May 16, 2023, and terminates on June 30, 2026, or when all the Parties' obligations under this Agreement are fully satisfied, whichever occurs earlier.

2. Paragraph 2, subparagraph (b) of the Agreement shall be deleted and replaced in its entirety by the following:
b. Beneficiary shall use Grant Amount provided under this Agreement for costs associated with the development, construction, and maintenance of the playground at McFadden Park.

3. Paragraph 11 of the Agreement shall be deleted and replaced in its entirety by the following:

INDEMNITY. The Beneficiary agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board harmless File Folder: 2759906
MA -017- 25010713 Page 1 of 2
192

Docusign Envelope ID: 063170C4-6D40-4C8D-B0B8-COED0F1 DEC9A from any claims, demands or liability of any kind or nature, arising from or related to the Beneficiary's receipt or use of the Grant Amount under this Agreement, including any claims that the amounts paid by the County to Beneficiary were not used consistent with the restrictions on the use of SLFRF program funds as set forth in the regulations and guidance issued by the Department of Treasury regarding the use of such funds. The provisions of this paragraph shall survive the termination of this Agreement.

4. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on the date first above written.

BY:

DocuSigned by:

ZosauvuA.a. 1 iVt- ?
13F77724C3C3450...

Rosanna Ramirez,
Acting City Administrator
City of Placentia
rSigned
b/
y:
1, ,;,4011410141,04w
6A4F3Fl/00FA5254E8...

Jennifer Lampman,
Director of Finance
City of Placentia
Signed by:

L
uan tr. 15t,as
DODA113FD3E540C...

Ranique Beas,
Deputy Purchasing Agent
County of Orange, California
File Folder: 2759906
DATED: 12/3/2024
DATED: 12/3/2024
12/4/2024
DATED:

APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California
BY:

Doc%uSiig�ned by:
00514730F26D481...

James C. Harman, Chief Assistant
12/4/2024
DATED:

MA -017- 25010713 Page 2 of 2
193

Placentia City CouncilDecember 17, 2024

Placentia City Council
December 17, 2024